[dropcap color=”#008040″ boxed=”yes” boxed_radius=”8px” class=”” id=””]T[/dropcap]he Supreme Court (SC) on Monday agreed to examine BJP leader Subramanian Swamy’s a plea seeking framing of guidelines for grant of controversial security clearance to SUN TV group. The petition also sought strict role of Home Ministry in granting security clearances to the accused of economic offences from taking part in public auctions.
Home Ministry took action after Enforcement Directorate (ED) under Finance Minister Arun Jaitley booked Maran brothers…
Swamy had blamed and produced documents to show that Attorney General Mukul Rohatgi and then I&B Minister Arun Jaitley favoring SUN TV Group in attending FM Radio auction, despite Home Ministry’s objection on granting security clearance. The letters of Arun Jaitley and AG’s favoring SUN TV and Swamy’s complaint to Prime Minister Narendra Modi are published at the end of this article.
Home Ministry took action after Enforcement Directorate (ED) under Finance Minister Arun Jaitley booked Maran brothers in Aircel-Maxis scam under Prevention of Money Laundering Act (PMLA) and attached properties worth Rs.750 crores ($109 million) after CBI found the bribe of Rs.750 crores ($109 million) was received in the scam.
[dropcap color=”#008040″ boxed=”yes” boxed_radius=”8px” class=”” id=””]A[/dropcap]run Jaitley’s views really contradicted as Finance Minister and I&B Minister. On one side the ED under him booked Sun TV Group under PMLA and MHA was forced to act on ED’s action and while as I&B Minister, Jaitley objected to the Home Ministry. Spice Jet hand over by Maran brothers to pro-BJP businessman Ajay Singh and dilutions and delays in actions against Maran brothers and former Finance Minister P Chidambaram is widely speculated as a quid-pro-quo.
The Rajya Sabha MP submitted that the Delhi High Court and the Bombay High Court have recently taken divergent views on the issue of security clearance…
“Issue notice,” a bench comprising Chief Justice T S Thakur and Justice D Y Chandrachud said while issuing notice to the Ministry of Home Affairs on the plea of BJP leader Subramanian Swamy.
The Rajya Sabha MP submitted that the Delhi High Court and the Bombay High Court have recently taken divergent views on the issue of security clearance by MHA while dealing with e-auction process of private FM radio channels.
The Bombay HC held that the grant of security clearance falls under the exclusive domain of MHA, he said, adding the Delhi High Court allowed Sun Group, controlled by Kalanidhi Maran and former telecom minister Dayanidhi Maran, who are accused in the Aircel-Maxis scam case, to bid for the airwaves auction.
[dropcap color=”#008040″ boxed=”yes” boxed_radius=”8px” class=”” id=””]D[/dropcap]ealing with the nod to Sun Group to take part in the auction process o FM radio channels, Swamy said MHA refused security clearance and the Attorney General overturned its objection and gave opinion in favor of the group whose promoters are facing prosecution in the Aircel-Maxis scam.
Swamy said that he was “alarmed that some of the 2G accused were being permitted on a doubtful and contrived security clearance to participate in the e-auction process of private FM radio channels (phase III) and airwaves held by the central government.”
“Do you mean to say the grant of license to a firm, facing prosecution for financial offences, would threaten national security. We feel security clearances are misnomer,” the bench observed. Swamy also said that till the time the apex court frames guidelines, the process of grant of license to the firms, charged with economic offences, be stayed. He reiterated that security clearance should be the responsibility of the MHA and all departments and Ministries in the country are bound to adhere to MHA’s directions.
The petition of Swamy is attached at the end of this article. Swamy said that he was “alarmed that some of the 2G accused were being permitted on a doubtful and contrived security clearance to participate in the e-auction process of private FM radio channels (phase III) and airwaves held by the central government.”
“The control of the radio and airwaves as well as electronic media by the central government is an extremely important aspect of national security and this court has time and again emphasized that the national security cannot be compromised,” the plea said.
Here are copies of letters by the then I & B Minister Arun Jaitley (Page 3) and Attorney General Mukul Rohatgi (Pages 4 – 6) as submitted to the SC:
Here is a copy of the plea by Dr. Subramanian Swamy:
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